On Thursday in Sullivan County, New York Supreme Court Justice James Farrell will hear oral arguments on a petition to remove New York Attorney General Letitia James as special prosecutor in the alleged gang rape case at Cornell University.
Andrew Miltenberg, with Nesenoff & Miltenberg LLP, attorney for one of the alleged perpetrators of the assault, Gillio Lopes, who brought the Article 78 petition, has pointed to a social media post Letitia James made on X in September, saying “What this young woman has been forced to endure is horrific and unacceptable. I'm holding her in my heart and in my prayers. To her, and to all survivors: you're not alone. We stand with you.”
Miltenberg is arguing in Lopes' petition that James' post demonstrates the James is already biased and that she should be removed from the investigation.
“We would take anyone at this point who has not made the kind of prejudgment statement,” Miltenberg told WAMC on Tuesday.
“There are dozens, if not hundreds, of people within the Attorney General's office that are qualified. There are hundreds of retired judges and other lawyers and investigators in New York State that we don't have to even have this question burden us,” Miltenberg said.
In a legal filing opposing the petition, James argued Lopes’ claim that he will be “targeted” or that James has “prejudged” is not a “justiciable” question to be solved by the courts, but a “political question”.
James, who was appointed as special prosecutor on the case by Gov. Kathy Hochul, added that alleged harms “are uncertain” and are essentially hypothetical.
“The myriad unknowns inherent in Petitioner’s claim render any harm far too remote and contingent,” the filing says.
Miltenberg said that his client, Gillio Lopes, only had a consensual interaction with Jane Doe, and was not in the room when the alleged gang rape took place.
Miltenberg also said the phrase the “Cornell 7” is “troubling.”
“There were seven different sets of allegations, seven different stories, seven different viewpoints. And all of this happened over a period of hours, which Jane Doe's ability to consent may have changed. It may not have changed,” Miltenberg said.
“Something clearly happened to Jane Doe that evening,” Miltenberg continued. “Something she perceives was traumatic. You know, and this isn't good for anybody. I don't think any of the people involved in this, whether it's the seven young men or Jane Doe will ever outrun this.”
The appearance is scheduled for Thursday, Oct. 29 at 2 pm at the Sullivan County Courthouse in Monticello.
